Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34200 of 2021 Arising Out of PS. Case No.-23 Year-2021 Thana- KUTUMBA District- Aurangabad ====================================================== 1.

DHIRENDRA KUMAR S/o Lallu Prasad Resident of Village- Tendua Ganpat, P.S.- Risiup, District- Aurangabad.

2.

Bhola Paswan S/o Vijaymal Paswan Resident of Village- Tendua Ganpat, P.S.- Risiup, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.A. H. Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-01-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek regular bail in connection with Kutumba Police Station Case No. 23 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the car, in which the petitioners were travelling, was intercepted by the police and 292.5 litres of illicit liquor was recovered from the same.

Learned Counsel for the petitioners submits that the petitioners have got no criminal antecedent and they have falsely been implicated in this case with oblique motive. He,

Patna High Court CR. MISC. No.34200 of 2021(2) dt.03-01-2022 2/2 referring to paragraph 10 of this application, submits that the petitioners are neither the owners nor the drivers of the vehicle in question. He further submits that the petitioners are in custody since 06.02.2021 and charge sheet have been submitted against them and as such, there is no likelihood that the petitioners will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioners have got no criminal antecedent, charge sheet has already been submitted and the petitioners are in custody since 06.02.2021, I am inclined to grant regular bail to the petitioners. This application is, accordingly, allowed.

Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Aurangabad, in connection with Kutumba Police Station Case No. 23 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √